Practice Areas and Legal Definitions

Bankruptcy Laws:
Bankruptcy is a federal court process designed to help individuals and businesses eliminate their debts or repay them under the protection of the bankruptcy court. Bankruptcies can generally be described as liquidation or reorganization. Under a liquidation bankruptcy (Chapter 7), a claimant files to eliminate debt through the bankruptcy court. Under a reorganization bankruptcy (Chapter 13), a claimant files a plan with the bankruptcy court proposing how to repay creditors.

In 2005, the requirements under which a debtor could file Chapter 7 bankruptcy changed with the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act.  Debtors are now required to seek budget and credit counseling within six months of filing, financial “testing” is required to determine the debtor’s capacity for debt repayment, Chapter 7 cannot be filed if the household income is greater than the median household income as deemed by the state, and state exemptions cannot be applied unless the debtor has resided at current residence for over two years.

Due to the imposed requirements for Chapter 7 bankruptcy as set forth by the new laws, debtors who were eligible to file under Chapter 7 now have to file under Chapter 13 bankruptcy instead, in which individuals and creditors agree to a court-imposed plan that requires some or all debts be repaid over five years, with an appointed trustee assigned to monitor the repayment process. Bankruptcy filings will continue to be recorded on an individual’s credit report for seven years in the case of Chapter 13, and up to ten years for Chapter 7.

Chapter 7:
Chapter 7 cases are commonly referred to as straight bankruptcy or liquidation cases, and may be filed by an individual, corporation, or a partnership. A Chapter 7 bankruptcy case does not involve the filing of a plan of repayment as in Chapter 13. Instead, the bankruptcy trustee gathers and sells the debtor's nonexempt assets and uses the proceeds of such assets to pay holders of claims (creditors) in accordance with the provisions of the Bankruptcy Code. Part of the debtor's property may be subject to liens and mortgages that pledge the property to other creditors. In addition, the Bankruptcy Code will allow the debtor to keep certain "exempt" property; but a trustee will liquidate the debtor's remaining assets. Accordingly, potential debtors should realize that the filing of a petition under Chapter 7 may result in the loss of property.

Chapter 13:
A Chapter 13 bankruptcy is also called a wage earner's plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years. Chapter 13 permits individuals to keep their property by repaying creditors out of their future income.  It is not available to corporations or partnerships. After completion of payments under the plan, Chapter 13 debtors receive a discharge of most debts.

Foreclosure:
Foreclosure is the legal proceeding in which a bank or other secured creditor sells or repossesses a parcel of real property (immovable property) due to the owner's failure to comply with an agreement between the lender and borrower called a "mortgage" or "deed of trust". Commonly, the violation of the mortgage is a default in payment of a promissory note, secured by a lien on the property. When the process is complete, it is typically said that "the lender has foreclosed its mortgage or lien".

A Foreclosure by Sale ends in the posting of a sign advertising the auction of your home on the sale date. The only ways to stop a foreclosure are full payment of the arrearage, or the filing of a Chapter 13 bankruptcy. Full Payment: If you are able to obtain and tender the full amount of your arrearage, including fees and costs, you can stop the foreclosure of a standard residential mortgage. Most people lack the money to make full payment. This process stops the foreclosure and allows you to repay your arrearage over a three-to-five year period. The arrearage is paid through a court-appointed official, while you resume your regular monthly payments to the bank in order to keep your home. A Chapter 13 can be filed at any time prior to the law day or sale date, and it is often the only avenue to save your home.

Debt Consolidation:
Contrary to popular belief, debt consolidation is not a loan. Debt consolidation is a process in which debt is restructured into one low monthly payment. It further enables a consumer to reduce the amount owed and thereby eliminate interest. Very often a consumer can detect warning signs of being in too much debt long before any collection notices are received. If more than two of the following signs apply to you, you are probably in too much debt:

• You have begun charging to your credit card essential expenses like food and daily expenditures
• You are making only the minimum payments on your credit cards each month
• You are near the limit of your credit cards
• You have too many credit cards
• You are unsure how much money you owe creditors

If you or someone you know needs the assistance of an experienced Rockaway New Jersey Bankruptcy lawyer, call Helfand & Associates today at 866-625-7965, or complete the contact form provided on this site to schedule a free consultation.

If you or someone you know needs the assistance of an experienced Rockaway New Jersey Bankruptcy lawyer, call Helfand & Associates today at 866-625-7965, or complete the contact form provided on this site to schedule a free consultation.

ADDRESS OF THE FIRM:

Helfand & Associates

Rockaway Office:
343 Mt. Hope Ave
Rockaway, NJ 07866
Phone: 866-625-7965

Livingston Office:
70 South Orange Avenue, Suite 109
Livingston, NJ 07039
Fax: 973-992-2630

Hours: M-F, 8:00AM-5:00PM

MEMBERS OF THE FIRM:

Attorney Tanya N. Helfand, Esq.

• Jurisdictions Attorney is Licensed in: New Jersey and New York
• Date Admitted to the Bar: 1992
• Colleges Attended, Degree & Year Graduated: Pace University, J.D., 1992; Union College, B.A., English, 1989
• Professional Memberships & Achievements: Licensed to practice in New Jersey and New York, Ms. Helfand earned her Juris Doctorate at Pace University after completing her undergraduate work at Union College, where she obtained her Bachelor of Arts degree in English. Before opening her own firm, Ms. Helfand worked as an associate at the law office of Herman Osofsky, Esq. in Passaic County.

Attorney Jacqueline F. Pivawer, Esq.

• Jurisdictions Attorney is Licensed in: New Jersey
• Date Admitted to the Bar: 1991
• Colleges Attended, Degree & Year Graduated: Pace University School of Law, J.D., 1990; Pace University-Masters Public Administration, Magna Cum Laude 1985; New York University, B.A., 1963
• Professional Memberships & Achievements: Jacqueline Pivawer is admitted to the New Jersey Bar. She obtained her Juris Doctor from Pace University School of Law, where she also earned an M.P.A., magna cum laude. She holds a Bachelor of Arts degree from New York University and is a member of MENSA.

Attorney Tracy Ann Luciano, Esq.

• Jurisdictions Attorney is Licensed in: New Jersey
• Date Admitted to the Bar: 2007
• Colleges Attended, Degree & Year Graduated: Caldwell College, B.A., Elementary Education and Psychology, 1992; Seton Hall University School of Law, J.D., 2007
• Professional Memberships & Achievements: Member of Phi Alpha Delta, Teachers Honor Society. Law Clerk, Hon. Bonnie J. Mizdol Presiding Judge Family Part, Bergen County, September 2007 to August 2008. Judicial Internship, Hon. Richard C. Camp Superior Court of New Jersey Family Division, Newark, New Jersey, Fall 2006. Law Clerk, Dwyer Connell & Lisbona, Fairfield, New Jersey, September 2002 to August 2003. Legal Internship, Essex-Newark Legal Services, Newark, New Jersey, Fall 2006. Family Law Society member while in law school.
• Board Certifications: New Jersey State Bar Association; Women Lawyers in Bergen; Bergen County Bar Association; Barry Croland Inns of Court.